DURYODHAN BHAVTEKAR Vs. STATE OF M. P.

JUDGEMENT

(1.) This petition under Article 226 of the constitution of India assails the order dated 16.09.2011 whereby Collector/Disciplinary Authority opined that previous order of punishment of dismissal from service dated 07.08.1997 was in accordance with law and therefore, restored. Petitioner is also aggrieved by appellate order dated 31.07.2012 (Annexure P/11) whereby appeal of the petitioner was dismissed by Commissioner, Jabalpur Division.

(2.) This is second visit of the petitioner to this Court based on the departmental enquiry which was initiated by issuing the charge-sheet dated 23.11.1993. After completing the said enquiry, punishment order dated 07.08.1997 was passed whereby the petitioner was dismissed from service. Aggrieved, petitioner filed Original Application No. 2738 of 1997 before M.P. State Administrative Tribunal, which was on its abolition, transferred to this Court and was renumbered as W.P.No.11747/2003. This matter was decided on 24.02.2009. The petition was allowed against which the State filed writ appeal no.49/2010, which was dismissed by the Division Bench of this Court.

(3.) Shri Sanjay K. Agrawal, Learned counsel for the petitioner by taking this Court to the previous order dated 24.02.2009 urged that this Court set-aside the punishment order dated 07.08.1997 (Annexure P/2 therein) and directed reinstatement of petitioner by reserving liberty to proceed with the enquiry from the stage of submission of enquiry report. The action of enquiry officer in relying on the statement of Shri A.K. Namdeo (which was collected behind the back of the petitioner) was disapproved and it was categorically directed to conduct enquiry from a particular stage.